Man convicted in deputy's murder released on bond

FORT LAUDERDALE -- A retarded man walked out of jail Wednesday after spending nearly 12 years in prison for murdering a Broward County deputy before a judge overturned his conviction.

Timothy Brown, 27, will be on house arrest as a condition of his $5,000 bond, Circuit Judge Ana Gardiner ruled. The prosecution and defense agreed to the conditions and the bond, which a bail bondsman has agreed to donate.

"It just feels good to be out," Brown said as he stepped out of jail. "I'm going home to my family."

He emerged from jail with a big toothy smile on his face, carrying a paper bag full of his personal possessions from prison. He hugged his stepmother and a pen-pal girlfriend he was meeting for the first time. His sister and nephew waited to get their chance to hug him as well.

The judge said if prosecutors decide to retry Brown for the murder of Deputy Patrick Behan, the trial will begin June 23. If prosecutors don't retry Brown, he must be freed without bond by June 25.

"We're before the court in a case where there is no case," Brown's attorney, Tim Day, told the judge. "There are no facts, at least that I'm aware of, where the state can proceed with a case."

Assistant State Attorney Chuck Morton conceded in court that he did not have strong enough evidence to withhold bond.

The victim's brother, Sgt. Robert Behan of the Coral Springs police department, did not immediately return a message.

Brown's family had been so optimistic for his release Wednesday that they packed a bag with his clothes, prepared his room and found him a job.

"We've waited a long time. I'm a very happy mother today," said his stepmother, Othalean Brown. She pumped her arms when the judge set bond and was in tears or on the verge of them through much of the hearing.

Brown's conviction was overturned in March when a federal judge determined that a jury would not have returned a guilty verdict based on evidence available today. U.S. District Judge Donald Graham also found fault with the way detectives persuaded Brown to waive his right to remain silent.

Brown's case had been working its way through a federal appeal until new evidence pointed to another suspect.